PURUSHOTHAMA GATTI, S/O. LATE DEJAPPA GATTI, SMT. CHANDRAVATHI, D/O. LATE DEJAPPA GATTI Vs. STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, REVENUE DEPARTMENT, VIKASA SOUDHA, AMBEDKAR VEEDHI, BANGALORE-560001, SHANTHARAMA SARALAYA, S/O.

JUDGEMENT

(1.) THE petitioners claim that their mother one Muthamma was sub - -tenant in respect of the lands in question. It is their case that their mother had acquired the said agricultural property on lease in the year 1965 from the father of respondent No. 2. It is their case that they could not make an application for grant of occupancy rights in Form No. 7. But however, after amendment, they have made an application under Section 77A of the Karnataka Land Reforms Act claiming grant. The said application is rejected by the competent authority and is confirmed by the Tribunal as against which the alleged legal heirs of the subtenant are before this Court.

(2.) I have heard Mr. Neeraj Karanth, learned counsel appearing for Sri. K. Srihari, for the petitioner as well as Mr. G.B. Shastry, learned counsel appearing for 2nd respondent.

(3.) THE mother of the petitioners, as observed made an application for the grant of their land. Respondent No. 3 is arrayed as a landlord who admits the tenancy of the petitioners. The competent authority nevertheless was of the view that it is not open for the petitioners to claim the land inoreso having regard to the fact that the 3rd respondent was not successful in getting occupancy rights conferred in his favour. The Appellate Tribunal, on appeal by the petitioners has confirmed the order moreso, having regard to the earlier proceedings.